SK 461 
.P5 
1915 
Copy 1 



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*EST, GAME AND 
FISH LAWS 

AND 

FEDERAL LAWS 
1915 




WARDEN 
J. A. VIQUESNEY 

Belington 



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WEST VIRGINIA 

Forest, Game and Fish Laws 



AND 



Federal Laws 
1915 



J. A. V1QUESNEY, Warden 

BELINGTON 




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-RIBUNE PRINTING CO.. JHARLE^TON W VA 



JUL 26 1915 



TABLE OF CONTENTS. 



Sec. 

1. Forest, Game and Fish Warden— Appointment — Term 

of office — Removal — Compensation and mileage- 
Chief deputy wardens — Appointment — Term of office 
— Compensation and mileage — Deputy wardens — Ap- 
pointment — Term of office — Compensation — Ex-Jofficio 
deputy wardens — Compensation. 

2. Same — General duties — Biennial reports — Examination 

of books and vouchers by state auditor. 

3. Chief deputy wardens and deputy wardens — General 

powers and duties — Compromise or settlement of 
prosecutions — Punishment. 

4. Arrests for violation of game, fish or forest laws — 

Power to make — Neglect to cause offenders to be 
apprehended — Punishment. 

5. Seizure of fish, game or birds. 

6. Bonds of warden and chief deputy wardens. 

7. Printing, blanks, stationery and postage for warden. 

8. Institution of proceedings for violations of game, fish, 

bird and forest laws — Employment of attorneys, when. 

9. Searches and seizures — Powers and duties of warden and 

deputy wardens. 

10. S'ame — Issuance of search warrants — Sale of property 

seized. 

11. Arrests, and searches and seizures — Summoning aid. 

12. Reports by deputy wardens, ex-officio wardens, county 

and circuit clerks and justices — Contents. 

13. False returns of moneys collected or disbursed — Punish- 

ment. 

14. Hindering, obstructing or interfering with warden or 

deputy wardens — Punishment. 

15. Title to wild game, fish and birds to be in state. 



Forest, Game and Fish Laws 



Sec. 

16. License to hunt — How procured — License fees — To whom 

paid — Penalty for failure to produce license — Penalties 
for violation of section — Consent of guardian re- 
quired for minors. 

17. Sale or transfer of license or tag — Punishment. 

18. Close season and close time — Open season and open 

time. 

19. Game animals and game birds — What are. 

20. Same — Buying, selling or having in possession or trans- 

porting or receiving for transportation certain ani- 
mals, birds and fish — Exceptions — Punishment. 

21. Elk and deer — Provisions concerning hunting and killing 

of same — Having certain game birds, animals and 
fishes in possession for transporting outside of state — 
Punishment. 

22. Closed season on birds and animals — Bag limit — Punish- 

ment. 

23. Use of ferrets in catching rabbits — Penalty. 

24. Protection of skunk — Penalty — Prosecution — Powers of 

justice — Presumption of guilt. 

25. Use of seine, net, bait, trap, etc., to catch certain birds. 

26. Same — Punishment — Hunting, etc., on Sunday — Punish- 

ment. 

27. Prosecutions for violation of this chapter— To be in 

name of state — Jurisdiction — Fee for prosecuting 
attorney. 

28. Same— Witnesses — Privilege and competency. 

29. Moneys collected — Disposition of. 

30. Requisitions and extraditions. 

31. Killing, catching, having in possession, or selling, or 

transporting certain birds — Selling or having in pos- 
session plumage, etc., of certain birds — Game birds 
defined. 

32. Unlawful to take nests or eggs of wild birds — Excep- 

tions. 

33. Transportation of certain birds. 

34. Penalties for violation of section 31, 32 and 33. 

35. Taking birds, nests or eggs for scientific purposes. 



Forest, Game and Fish Laws 



Sec. 

36. Same — Certificate to collect — To and by whom issued — 

Fee for — Taking birds, etc., for .other than scientific- 
purposes — Forfeiture of certificate and punishment. 

37. Same — Certificate to collect — Expiration — Transfer. 

38. Birds not protected by chapter. 

39. Wild non-game birds as domestic pets. 

40. Negligently shooting or killing human being or live stock 

while hunting — Punishment. 

41. No open season for certain birds — Killing, etc. — Punish- 

ment. 

42. License to fish — Of whom required — How procured — 

How fish may be taken — Open seasons — Lawful length 
of various kinds of fish — Fishing in private ponds, 
etc. — Unlawful to let water out of ponds, etc. — Tres- 
pass notices — Penalties for violation of section. 

43. Nets, tranps, etc.- — Lawful to destroy — All dams, etc., to 

be provided with fishways — Time allowed for comple- 
tion of same — Penalties for violation of section. 

44. Depositing matter in streams deleterious to propagation 

of fish- — Coal mine drainage — State Board of Health 
to have authority to investigate — Written consent of 
Forest, Game and Fish Warden required before any 
prosecutions are instituted — Penalties — Repeal. 

45. Employment of persons to unlawfully take, etc., game, 

birds, or fish 1 — Serving game, birds, etc., at hotels, etc. 
- — Punishment. 

46. Use of explosives, drugs, or electricity to take fish — 

Prima facie evidence — Punishment. 

47. Sale or gift of explosives, etc., to take fish — Punish- 

ment. 

48. Shooting, hunting, fishing, fowling, camping, peeling 

trees, cutting timber, building fires, etc., on enclosed 
or improved lands of another without permission — 
Punishment — Arrests of violaters. 

49. Shooting across public road, or near schoolhouse, or on 

lands of another appurtenant to or near occupied 
dwelling — Punishment. 

50. Bounties paid for certain birds and animals — How pro- 

cured — False statements to secure bounty — Punish- 
ment. 



Forest, Game and Pish Laws 



Sec. 

51. Game refuges — Unlawful to hunt on same — Penalty. 

52. Forest, Game and Fish Warden to be ex-officio warden — 

Forester — Duties — Special deputies and inspectors — 
Special deputy fire wardens — Powers and duties. 

53. Deputy wardens compensation at forest fires — To be 

charge against county — Forest, Game and Fish warden 
to audit report of forest fires — Submittment to county 
court for payment — Penalty for false report as to 
forest fires. 

54. Negligent building or use of, or failure to extinguish 

fire — Punishment — Notice to adjoining land owners 
of intention to burn trash, etc. 

55. Removal of inflamable material from railroad rights of 

way — Spark extinguishers on engines — Prevention of 
escape of fire from engine ash pans and furances — 
Punishment for violation of section. 

56. Forest fires — Recovery of expense of extinguishment — 

Recovery of damages. 

57. State forest reserves. 

58. Maliciously setting fire to woods, fences, etc. — Punish- 

ment — Liability for damages. 

59. Unlawfully setting fire to woods, fences, etc. — Punish- 

ment — Liability for damages. 



FOREST, GAME AND FISH LAWS 



Sec. 1. Forest, Game and Fish Warden — Appoint- 
ment — Term of office—Removal — Compensation and 
mileage — Chief deputy wardens — Appointment — 
Term of office — Compensation and mileage — Deputy 
wardens — Appointment — Term of office — Compensa- 
tion — Ex officio deputy wardens — Compensation. 

The governor shall between the first day of June 
and the first day of July, one thousand nine hundred 
and nine, appoint some person, a citizen of this state, 
whose term of office shall begin on the first day of 
July, one thousand nine hundred and nine, to the 
office of forest, game and fish warden. Said warden 
shall hold this office for four years and until his 
successor has been appointed and qualified, unless 
sooner removed for cause by the governor. He shall 
receive for his services the sum of eighteen hundred 
dollars per annum, to be paid out of the treasury, 
quarterly, after being duly audited; and shall be 
allowed mileage of three cents a mile while travel- 
ing by railroad or steamboat, and ten cents a mile 
while traveling otherwise than by railroad or steam- 
boat, for the distance necessarily traveled while 
actually in the discharge of his official duties as such 
warden. Provided, however, that the mileage ex- 
penses of said warden shall be reported quarterly 



Forest, Game and Fish Laws 



under oath to the governor and approved by him; 
and provided, further, that such mileage expenses 
shall not, in any one year exceed five hundred dollars. 
Said warden shall devote all of his time to the dis- 
charge of the duties of his office, imposed upon him 
by law. Said warden shall appoint two persons who 
are citizens of this state and one of whom shall 
reside in the eastern section of the state, chief deputy 
wardens of forest, game and fish, said chief deputies 
shall hold their office at the pleasure of the warden 
appointing them. Said chief deputies shall each re- 
ceive for their services the sum of nine hundred 
dollars a year, to be paid out of the treasury quar- 
terly after being duly audited, and shall be allowed 
mileage of three cents a mile while traveling by 
railroad or steamboat, and ten cents a mile while 
traveling otherwise than by railroad or steamboat for 
the distance traveled for the purpose of performing 
the duties imposed upon them by law, and they shall 
devote all their time thereto, such mileage expenses 
of either of said chief deputies shall be reported 
quarterly under oath to the warden and approved 
by him, and forwarded to the governor and approved 
by him; provided, however, that said mileage in any 
one year shall not exceed four hundred dollars to each 
chief deputy warden. The warden shall appoint such 
persons as he may deem fit, who are citizens of this 
state, to act as deputy wardens in the several coun- 
ties of this state. Said deputy wardens shall hold 
their office at the pleasure of the forest, game and 
fish warden. The sheriffs, deputy sheriffs and con- 
stables in the several counties of this state shall be 
ex-oflicio deputy wardens therein, and the chiefs 



Foeest, Game and Fish Laws 



of police of the cities, towns and villages of this 
state shall also be ez-officio deputy wardens therein 
and their jurisdiction shall extend no further than 
their respective counties, cities, towns and villages. 
All said deputy wardens, either appointed or e$-offlcio, 
shall receive for their services one-half of the fines 
imposed by any justice or court having jurisdiction, 
and collected in each prosecution, instituted by any 
such deputy warden, and the other half of such fine 
shall be paid to forest, game and fish warden, who 
shall pay the same over to the treasurer of the state 
to be credited by him as other fines are credited; 
but no fees or moneys shall be paid any deputy for 
services rendered as such deputy warden, out of the 
treasury of this state, and in any prosecution under 
this chapter, section two of chapter thirty-six of the 
Code of 1899 and section 1159 of the Code of 1906, 
shall not apply to any warden. (Acts 1909, c. 60, 
Code 1913, Sec. 3449.) 

Sec. 2. Same — General duties — Biennial reports — 
Examination of books and vouchers by state audi- 
tor. 

The forest, game and fish warden shall have gen- 
eral charge of the following public matters, and 
necessary powers therefor. The collection and dif- 
fusion of such statistics, literatures and information 
as he may deem useful in regard to the protection 
of forests and the protection and propagation of 
game and fish, the publishing thereof, and the tak- 
ing charge of and keeping all reports, books, papers 
and documents which shall, in the discharge of his 
duties hereunder, come in*to his possession and control, 



Forest, Game and Fish Laws 



and the institution of all proper legal proceedings 
to enforce the provisions of law, now in force, or 
hereafter enacted, in reference to forest, game and 
fish. Said warden shall, on or before the first day 
of January, 1911, and biennially thereafter, submit 
to the governor, a detailed report showing what has 
been done by him during the preceding biennial pe- 
riod, the amount of all moneys received by him and 
from what sources, in detail, a complete inventory 
of all game and other property seized and sold and 
the amount received therefor and the amount of 
disbursements in detail. The books and vouchers of 
said warden shall be subject to examination by the 
auditor of the state at all times. (Acts 1909, c. 60, 
Code 1913, Sec. 3450.) 

Sec. 3. Chief deputy wardens and deputy wardens 
—General powers and duties — Compromise or settle- 
ment of prosecutions — Punishment 

The chief deputy and deputy wardens shall act 
and be under the direction and supervision of said 
forest, game and fish warden. Said chief deputy and 
deputy warden shall have authority, and it shall be 
their duty, to enforce the game, fish and forest laws 
of this state, now in force or hereafter enacted for the 
protection of forests and protection, preservation 
of game, fish and birds, and shall be immediately 
responsible to the warden, and shall report all mat- 
ters under their jurisdiction whenever requested by 
him and receive instructions from him. It shall be 
unlawful for any deputy warden, either appointed or 
ex-ofncio to settle, compromise or adjust any prose- 
cution under this chapter and to receive moneys from 



Foeest, Game and Fish Laws 11 

any violator or alleged violator of any of the pro- 
visions thereof, unless the same are moneys received 
in the payment of fines imposed in due process of 
law by a justice or court having jurisdiction of the 
offense charged, and if any such deputy warden shall 
receive any moneys from any such violator or alleged 
violator, either as such settlement and compromise 
or to prevent any prosecution therefor, such deputy 
warden shall be guilty of a felony and upon con- 
viction thereof, shall be confined in the penitentiary 
not less than one nor more than five years. (Acts 
1909, c. 60, Code 1913, Sec. 3451.) 

Sec. 4. Arrests for violations of game, fish or for- 
est laws — Power to make — Neglect to cause offenders 
to be apprehended — Punishment. 

The forest, game and fish warden and appointed 
deputy wardens shall have full power to execute and 
serve any warrant or process of law, issued by any 
justice of the peace or by any court having jurisdic- 
tion under the law, relating to game, fish, birds and 
forests in the same manner as any constable or sheriff 
might serve or execute such process, and may arrest 
on sight without a warrant, any person or persons, 
detected by them actually violating any of the pro- 
visions of the laws of this state relating to the 
game, fish, birds and forests, and may take such 
person or persons, so offending, before any court, or 
justice of the peace, having jurisdiction of the offense 
and make proper complaint before such court, or 
justice, which shall proceed with the case in the man- 
ner as provided by law. Any such appointed warden, 
who on receiving information from a reliable person. 



12 Forest, Game and Fish Laws 

of the violation of the game, fish, or forest laws, 
neglects or refuses to thoroughly investigate such al- 
leged violation, and apprehend or attempt to appre- 
hend the offender, shall be guilty of a misdemeanor 
and upon conviction thereof, shall be fined not less 
than ten dollars nor more than fifty dollars for each 
offense. (Acts 1909, c. 60, Code 1913, Sec. 3452.) 

Sec. 5. Seizure of fish, game or birds. 

The warden and deputy wardens shall seize and 
take possession of, on sight and without process, any 
fish, game or birds found in the possession of any 
person or persons, or corporation which is so in pos- 
session contrary to law. (Acts 1909, c. 60, Code 1913, 
Sec. 3453.) 

Sec. 6. Bonds of warden and chief deputy 
wardens. 

The forest, game and fish warden and the chief 
deputy wardens, shall each, before entering upon the 
discharge of their respective duties, execute a bond 
in the penalty of three thousand five hundred dollars, 
with security therein to be approved by the governor, 
and conditioned for the faithful performance of their 
duties, and to account for and pay over all moneys 
and property coming into their hands, due and be- 
longing to the state, and also conditioned according 
to the requirements of the present law with reference 
to the carrying of revolvers, which said bonds, after 
having been approved by the governor, shall be de- 
posited with the auditor, (Acts 1915.) 



Forest, Game and Fish Laws 13 

Sec. 7. Printing, blanks, stationery and postage 
for warden. 

The forest, game and fish warden shall be allowed 
all necessary printing, printed blanks, stationery and 
postage; but before he shall incur any expense for 
printing he shall first make requisition therefor up- 
on the governor, who, in his discretion, approving the 
same, shall issue his warrant to the warden for said 
printing, the cost and expenses therefor to be paid 
out of the treasury. (Acts 1909, c. 60, Code 1913, 
Sec. 3468.) 

Sec. 8. Institution of proceedings for violations 
of game, fish, bird and forest laws — Employment of 
attorneys, when. 

The forest, game and fish warden and deputy war- 
dens may make complaint and cause proceedings to 
be instituted against any person, or persons, or cor- 
porations, for the violation of any of the game, fish, 
bird and forest laws without the sanction of the prose- 
cuting attorney of the county wherein such proceed- 
ings are instituted; and in all such cases they shall 
not be required to give security for costs. Any of 
said officers may also appear in any court of compe- 
tent jurisdiction in this state, in any case for vio- 
lation of any of the laws for the protection of forests, 
or the protection, preservation and propagation of 
game, fish and birds, and prosecute the same in the 
manner and with the same authority as the prosecut- 
ing attorney of the county in which such proceed- 
ings are had. And in such cases they may in the 
event of the refusal or neglect of the prosecuting 
attorney to act, employ an attorney of their choice, 



14 Fokest, Game and Fish Laws 

and to such attorney, or to the prosecuting attorney 
if he shall act, there shall be taxed in the costs, up- 
on conviction, a fee of ten dollars in such case. (Acts 
1909, c. 60. Code 1913, Sec. 3469.) 

Sec. 9. Searches and seizures — Powers and duties 
of warden and deputy wardens. 

The forest, game and fish warden and deputy war- 
dens shall have the power to search any person and 
examine any boat, vehicle, conveyance, express car, 
railroad car, fish box, fish basket, game bag or game 
coit, or any other receptacle in which game, birds 
or fish could be placed, concealed or conveyed, when- 
ever they have reason to believe that they will secure 
or discover evidence of a violation of the game and 
fish laws of this state; and any hindrance or inter- 
ference, or attempt to hinder or interfere, with such 
search and examination, shall be prima facie evidence 
of a violation of the law by the person or persons 
who hinder or interfere, or attempt to hinder or inter- 
fere, with such search and examination. Said officer, 
or officers, shall, at any and all times, seize and 
take possession of any and all game, fish, birds, and 
animals which have been caught, taken or killed at 
any time, in any manner or for any purpose, or had 
in possession or under control or have been shipped, 
contrary to any of the laws of this state, such search- 
and seizure may be made without warrant; and the 
warden or deputy wardens shall not be liable for 
false seizure of such birds, game or fish. (Acts 1909, 
c. 60. Code 1913, Sec. 3470.) 

Sec. 10. Same— Issuance of search warrants — 
Sale of property seized. 



Forest, Game and Fish Laws 15 

That any justice or court having jurisdiction of the 
offense upon receiving information of probable cause 
for believing that any game, birds or fish, caught, 
taken, killed, had in possession, under control, or 
shipped, contrary to or in violation of any of the 
laws of this state, shall issue a search warrant, and 
cause a search to be made in the manner provided by 
law, in any place, and to that end may cause any 
buildings, dwelling house, enclosure, or car to be 
entered forcibly, if necessary, and any apartment, 
chest, barlocker, refrigerator, crate, basket or pack- 
age, broken open and the contents thereof examined 
by the forest, game and fish warden or deputy war- 
dens. All game, fish or birds, seized by any of said 
officers, shall be sold under the direction of the jus- 
tice or court before whom the offiense is tried, or 
search warrant issued, and the proceeds of all sales 
shall be paid into the treasury of the state. (Acts 
1-909, c. 60. Code 1913, Sec 3471.) 

Sec. 11. Arrests, and searches and seizures, — 
Summoning aid. 

Any of the officers herein, whose duty it is to en- 
force the game, fish, bird and forest laws of this 
state, shall have the same right and power as sheriffs 
to summon aid in making arrests, seizures, or execut- 
ing any process; and any person, or persons, so sum- 
moned, and refusing to act shall be liable, upon con- 
viction, to the same fines and penalties, the same as 
if summoned by a sheriff. Such arrest may be 
made on a Sunday, in which case the person, or per- 
sons, arrested shall be taken before a justice, having 
jurisdiction, and proceeded against as soon as may 



16 Forest, Game and Fish Laws 

be on a week day following such arrest. (Acts 1909, 
c. 60. Code 1913, Sec. 3472.) 

Sec. 12. Reports by deputy wardens, ex-officio 
wardens, county and circuit clerks and justices — Con- 
tents. 

The appointed deputy, wardens shall, on the first 
of the months of January, April, July and October, 
of each year make a report under oath to the forest, 
game and fish warden, which reports shall show in 
detail the work done by them severally during the 
three months next preceding. The forest, game and 
fish warden shall furnish the deputy wardens all 
necessary blank forms and stationery for making said 
reports. All such reports shall show an account of 
the suits commenced, the justice or court before 
whom such proceedings were had, the number and 
kinds of game, fish, birds and property seized, and 
what disposition was made of the same, the amount 
of proceeds of sale, and the amount of money, if 
any, received by him for fines imposed, or from any 
other source provided for by this chapter. All ex- 
officio deputy wardens shall make a report to the 
forest, game and fish warden on the first day of 
January, April, July and October of each year if they 
have instituted any proceedings or collected any mon- 
eys under the provisions of this chapter during such 
preceding three months, and all deputy wardens shall 
within thirty days after its receipt pay over to the 
forest, game and fish warden the fines collected by 
him, and the bonds of all ex-officio wardens shall be 
liable for any such moneys received by them. All 
justices and clerks of circuit and criminal courts be- 



Forest, Game and Fish Laws 17 

fore whose courts any case under this chapter conies, 
shall, on the first day of January, April, July and 
October, of each year, if there has been before this 
court any case under this chapter, report to the state 
forest, game and fish warden all moneys collected by 
him and the status of all cases pending or started in 
his court. (Acts 1915, regular session.) 

Sec. 13. False returns of moneys collected or dis- 
bursed — Punishment. 

The forest, game and fish warden and deputy war- 
dens, or any other officer who shall make any false 
return as to moneys collected or disbursed by him, as 
provided for in this chapter or does not pay over 
to the proper officer as provided in this chapter, mon- 
eys collected by him for fines shall be deemed guilty 
of a felony, and upon conviction thereof shall be 
confined in the penitentiary not less than one year 
nor more than five years. (Acts 1909, c. 60. Code 
1913, Sec. 3474.) 

Sec. 14. Hindering, obstructing or interfering with 
warden or deputy wardens — Punishment. 

Any person who hinders, obstructs or interferes 
with, or attempts to hinder, obstruct or intefere with, 
the forest, game and fish warden and deputy wardens 
in the discharge of any of their respective duties 
herein shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less than 
twenty-five dollars nor more than two hundred dol- 
lars, together with the costs of the prosecution, and 
in default of payment thereof shall be confined in the 
county jail until said fines and costs .are paid; pro- 
vided, however, that such imprisonment shall not ex- 



18 Forest, Game and Fish Laws 

ceed ninety days. (Acts 1909, c. 60, Code 1913, 
Sec. 3475.) 

Sec. 15. Title to wild game, fish and birds to be 
in state. 

The ownership of, and the title to, all wild game, 
wild birds, both resident and migratory, and all fishes 
in the state of West Virginia, are hereby declared to 
be in the state, and no such game, birds or fishes, 
shall be taken or killed in any manner, or at any 
time, except the person so taking or killing the same 
shall consent that the title thereto shall be and re- 
main in the state of West Virginia, for the purpose 
of regulating the use and disposition of the same 
after such taking or killing. The taking or killing 
of wild game, birds or fishes, at any time or in any 
manner or by any person, shall be deemed a con- 
sent of such person that the title thereto shall be 
and remain in the state, for the purpose of regulating 
the use or disposition of the same. (Acts 1909, c. 60. 
Code 1-913, Sec. 3476.) 

Sec. 16. License to hunt — How procured— License 
fees — To whom paid — Penalty for failure to produce 
license — Penalties for violation of section — Consent 
of guardian required for minors. 

No person not a citizen of the United States of 
America shall at any time hunt, pursue, kill or catch 
any wild animals, or wild birds in this state, or 
have in his possession fire arms of any kind for 
such purpose. No person shall, at any time, hunt, 
pursue, kill or catch any wild animals, or wild birds 
in this state, without first having secured a license 
so to do, and then only during the respective periods 



Forest, Game and Fish Laws 19 

when it shall be lawful to hunt such game animals 
and game birds. Such license shall be procured in the 
following manner, to-wit: The applicant shall go 
before the clerk of the county court of the county and 
fill out a blank application, stating his citizenship, 
name, age, occupation or profession, weight, height, 
place and county of residence, color of hair, eyes and 
complexion; the application shall be subscribed in 
ink and sworn to by the applicant, that his statements 
are correct and true to the best of his knowledge and 
belief, before the county clerk issuing said license; 
the applicant, if a non-resident of this state, and a 
citizen of the United States of America, shall pay to 
said county clerk the sum of sixteen dollars, as a 
license tax. If the applicant is a bona fide resident 
of this state, and a citizen of the United States of 
America, he shall make application to the clerk of 
the county court of the county of which he is such 
bona fide resident, and shall be granted such license 
•free of cost, if he desires to hunt only in such county, 
but if he desires to hunt in any other or all counties 
of this state, he shall pay to such clerk a license tax of 
three dollars, whereupon the clerk shall issue him a 
hunter's license, entitling him to hunt accordingly; 
provided, that such bona fide resident and citizen 
shall fill out said application and send the same to 
the county clerk, together with the amount of such 
license tax, and such clerk shall send him such license. 
Said license shall be signed by said clerk, and bear 
the seal of the county court of the county in which 
same is issued, and shall bear a number according to 
the serial order in which it was issued, and no fee 
shall be charged by the said clerk for any services 



20 Forest, Game and Fish Laws 

under this act. All such license taxes shall be paid 
by the county clerk to the state treasurer on the first 
day of each month for the next month preceding. No 
person to whom such license has been issued, shall 
be entitled to hunt, pursue or kill game in this state, 
unless at the time of such hunting, pursuing or kill- 
ing of game he shall have such license in his actual 
possession; and he shall exhibit the same to any 
officer of this state, or owner, tenant or lessee of any 
land on which he is hunting, on demand. All such 
license shall be good and valid only until the end of 
the calendar year in which the same were issued. 
At the same time that such clerk issues such license 
to the applicant, he shall also deliver to him a tag 
bearing in figures the same number as his said 
license, which tag shall, if the license be confined to 
hunting in the county of the residence of the appli* 
cant, be red in color, and shall also bear the name 
of the county wherein it was issued; and if such 
license be issued to a resident of the state, entitling 
him to hunt in any and all counties of the state, the 
same shall be white in color and bear in figures the 
same number as his license, and the name of the 
county wherein the same was issued; and if such 
license be issued to a non-resident of the state, the 
same shall be blue in color, and likewise bear the 
some number in figures as the license, and the name 
of the county wherein the same was issued. The 
form of said license to be issued herelmder, and the 
said affidavits to be made by the applicant therefor, 
and the tags hereinbefore required to be delivered to 
the applicant, shall be designed and supplied to the 
clerk by the state forest, game and fish warden, and 



Fokest, Game and Fish Laws 21 

such tags shall at all times be worn prominently ex- 
hibited on the arm of the licensee while hunting 
under the authority of said license. The carrying of 
any uncased gun in any of the fields or woods of 
this state, by any person not having the lawful right 
to hunt, pursue or kill game birds or animals in such 
fields or woods, shall, as to such person, other than 
the bona fide owner, or owners of such fields or woods, 
his or their child or children, tenant or tenants, 
lessee or lessees, be deemed prima facie evidence of 
a violation of this section; and any person claiming 
to hold a license to hunt in this state, having in his 
possession any gun or other hunting paraphernalia 
in such woods, or fields, shall, on failure to produce 
such license for inspection to any warden of this 
state or owner or agent of the owner of such woods 
and fields, on demand, or upon failure to at all times 
wear, as hereinbefore required, the said tag while in 
such woods or fields, be deemed guilty of a misde- 
meanor and shall be punished on conviction, as pro- 
vided later in this section; provided, however, that 
any resident owner of any lands in this state, his resi- 
dent child or children, or bona fide tenants, shall have 
the right, without securing any such residence license, 
to hunt, kill and pursue game birds or animals on 
such lands of which he, or they, are the bona fide 
owners or tenants, during the season when it is law- 
ful to kill, catch or pursue such game birds or ani- 
mals. All non-resident members of any club or orga- 
nization owning or leasing a game preserve in this 
state, shall be required to secure a non-resident hun- 
ter's license. Any person violating any of the pro- 
visions of this section, shall be deemed guilty of a 



Forest, Game and Pish Laws 



misdemeanor, and upon conviction thereof, shall be 
fined not less than twenty-five dollars nor more than 
fifty dollars for each and every offense, and the costs 
of the prosecution, including a fee of ten dollars to 
the attorney prosecuting the case, and in addition 
thereto may be confined in the county jail for a period 
not exceeding thirty days, in the discretion of the 
justice or court trying the case, and upon failure to 
pay said fine and costs, the person convicted shall 
be confined in the county jail until such fine and 
costs are paid, but such imprisonment shall not ex- 
ceed twenty days for any one offense. No hunter's 
license shall be issued to any minor under the age 
of fifteen yenrs, without the consent in writing from 
the parent or guardian of such minor, such consent to 
be filed with the clerk issuing such license and by 
him preserved. (Acts 1915, regular session.) 

Sec. 17. Sale or transfer of license or tag — Pun- 
ishment. 

Any person who shall, at any time, alter or change 
in any manner, or loan, sell or transfer to another 
any license or tag provided for in this chapter, or 
any person who shall buy or borrow such license or 
tag shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be fined not less than 
twenty nor more than fifty dollars and in addition 
thereto may be confined in the county jail not more 
than thirty days. (Acts, 1915, regular session.) 

Sec. 18. "Close season" and "close time" — "Open 
season" and "open time." 

The words "close seasons," and "close time," shall 
mean the time or period during which it is unlawful 



Forest, Game and Fish Laws 



to hunt, pursue, catch, shoot, wound, trap or destroy 
any bird or animal, or to fish or catch any fish, and 
the words "open season," and "open time," shall 
mean the open time or period during which it shall 
be lawful to take these animals, birds and fish, as 
specified and limited by law. (Acts 1909, c. GO Code 
1913, Sec. 3479.) 

Sec. 19. Game animals and game birds — What 
are. 

For the purpose of this chapter, the following are 
considered game animals, to-wit: elk, deer, rabbits 
and squirrels. And the following shall be considered 
game birds, to-wit: The anatadae, commonly known 
as ducks, geese, swan and brant; the rallidae, com- 
monly known as mud hens, rails, coots, and galli- 
nules; the limicolae. commonly known as shore birds, 
plover, snipe, woodcock, tattlers, curlews, ortolan, 
sandpiper; and gallinae, commonly known as wild 
turkey, ruffed grouse or pheasant, quail or bob white. 
(Acts 1915, regular session.) 

Sec. 20. Same — Buying, selling or having in pos- 
session or transporting or receiving for transporta- 
tion certain animals, birds and fish — Exceptions — 
Punishment. 

It shall be unlawful for any person to buy, sell 
or have in possession any of the animals, wild fowl or 
birds mentioned in section twenty-two of this chapter, 
at any time when the killing, trapping, netting and 
snaring of such animals, wild fowl or birds shall be 
unlawful, or which shall have been killed, trapped, 
netted or snared contrary to the provisions of this 
chapter; and it shall further be unlawful for any per- 



24 Forest, Game and Fish Laws 

son or persons, firm or corporation, at any time, 
to purchase or offer to purchase or to sell or expose 
for sale, or have in his or their possession for the 
purpose of selling, any quail, ruffed grouse, or pheas- 
ant, wood cock, wild turkey, wild goose, swan, brant, 
wild ducks of any kind, plover, snipe, sand piper, 
squirrel, deer or venison; trout of any species, salmon 
of any species, pike, bass, or silver perch or any of 
the birdfc, fish or game prohibited to be caHight or killed 
at any time by the provisions of this chapter, and it 
shall be unlawful for any person or persons, firm 
or corporation, or common carrier, to receive for 
transportation, or to transport, carry or convey, any 
quail, ruffed grouse or pheasant, wood cock, wild tur- 
key, wild geese, swan, brant, wild ducks of any kind, 
plover, snipe, sand piper, squirrel, deer or venison or 
game fishes, mentioned in this section that shall have 
been caught, snared, taken, trapped or killed at any 
time, within the limits of this state, knowing, or hav- 
ing reason to believe, the same had been sold, or to 
transport, carry or convey the same outside of this 
state for any purpose. Provided, that it shall be law- 
ful to have any such game animals, birds or fishes in 
possession for a period not exceeding twenty days 
after the open season thereof is ended and the close 
season thereon has begun. Any person, or persons, 
firm or corporation, guilty of violating any of the pro- 
visions of this section shall be deemed guilty of a 
misdemeanor and on conviction thereof, shall be fined 
not less than, twenty-five dollars nor more than one 
hundred dollars for each and every offense, and the 
costs of the prosecution. And in default of the pay- 
ment of such fine and costs shall be confined in the 



Fokest, Game and Fish Laws 25 

county jail until the same is paid, not to exceed, how- 
ever, the period of sixty days. The selling, exposing 
for sale, having in possession for sale, transporting 
or carrying and conveying, contrary to the provisions 
of this section, of each and every animal, fish or bird 
mentioned in this section, shall constitute a separate 
offense. (Acts 1909, c. 60. Code 1913, Sec. 3481.) 

Sec. 21. Elk and deer— Provisions concerning 
hunting and killing of same — Having game birds, 
animals and fishes in possession for purpose of 
transporting outside of state — Punishment. 

No person shall hunt, chase, wound or kill any elk 
in this state at any time for a period of eight years 
from and after the passage of this act; provided, that 
the owner of any elk, which shall be kept in any park 
or field, sufficiently inclosed to reasonably prevent 
their escape therefrom, shall have the right to kill 
any elk of his own; provided, further, that such own- 
er may pursue, recapture or kill any of his elk that 
may escape from his inclosure. No person or persons 
shall chase or hunt deer with dogs in this state at 
any time. Any person violating any provision of 
this paragraph shall be guilty of a felony, and on 
conviction thereof shall be confined in the peniten- 
tiary not less than six months nor more than five 
years. 

No person shall hunt, chase, kill or wound any 
deer from the first day of December until the fifteenth 
day of October following, of any year, except tame 
deer owned by the person killing the same; nor shall 
any one person kill more than two deer in any one 
season. No person shall at any time kill any fawn. 



26 Forest, Game and Fish Laws 



doe or any other deer than bucks with horns or ant- 
lers over four inches in length, or have the fresh 
skin of any doe or fawn in his possession. No person 
shall at any time kill or have in his possession, any 
deer, quail, pheasant or ruffed grouse, wild turkey, 
squirrel, or any part of the same, or game fishes 
with the intention of sending or transporting the 
same or having the same sent or transported beyond 
the limits of this state. Any person violating any 
provision of this paragraph shall be guilty of a misde- 
meanor and on conviction thereof shall be fined not 
less than twenty-five nor more than fifty dollars for 
each and every deer unlawfully hunted, chased, 
wounded or killed, and for each doe or fawn's skin 
had in his possession, and not less than twenty 
dollars nor more than fifty dollars for each and every 
quail, ruffed grouse or pheasant, wild turkey, or any 
part of the same, for each and every game fish, and 
for each and every deer or part of a deer, killed or 
had in possession with the intention of sending or 
transporting the same, or having the same sent or 
transported beyond the limits of this state. And in 
addition to the fine cr fines prescribed in this para- 
graph, the person or persons convicted may be con- 
fined in the county jail not to exceed sixty days for 
each and every offense; and upon default of the pay- 
ment of the fine and costs shall be confined in the 
county jail until the same are paid, but not to exceed 
a period of sixty days. (Acts 1915, regular session.) 

Sec. 22. Closed seasons on birds and animals — 
Bag limits — Punishment. 

It shall be unlawful for any person to catch, kill 



Fokest, Game and Fish Laws 2,7 

or injure, or pursue with the intent to catch, kill 
cr injure, any ruffed grouse or pheasant, or wild tur- 
key between the first day of December and the fif- 
teenth day of October of the following year; or any 
quail or Virginia partridge between the first day of 
December and the first day of November following. 
Nor shall any one person kill more than twelve quail 
or six ruffed grouse or two wild turkeys in any one 
day, nor more than ninety-six quail or twenty-five 
ruffed grouse or six wild turkeys in any one open 
season. No person shall kill any wild duck, goose 
or brant between the fifteenth day of January and 
the first day of October; provided, that the wood duck 
shall not be killed at any time within this state; 
woodcock between the thirtieth day of November and 
the first day of October following; plover, ortolan or 
sandpiper between the fifteenth day of December and 
the first day of September following; rail between the 
thirtieth day of November and the first day of Septem- 
ber following; or any snipe between the fifteenth day 
of December and the fifteenth day of October follow- 
ing; nor any gray, black, red or fox squirrel be- 
tween the first day of December and the fifteenth day 
of September, both inclusive, of the following year. 
Nor shall any person kill more than twelve squirrels 
in any one day, nor more than one hundred during 
any open season. 

It shall be lawful for any person at any time and 
by any means to catch, kill or pursue, with intent 
to catch or kill any rabbit upon his own land or any 
lands upon which he may be an actual bona fide ten- 
ant or resident, and also for the agent of the owner 
or ten°nt of such land to so hunt and kill any rabbit 



28 Forest, Game and Fish Laws 



thereon by the direction of such owner or tenant, 
but it shall be unlawful for any person otherwise than 
upon his own land, or the land upon which he is a 
resident or tenant, or the agent of such owner or 
tenant, by his direction, to catch, kill or injure, or 
pursue with intent to catch, kill or injure any rabbit 
between the thirty-first day of December and the fif- 
teenth day of October following. 

It shall be unlawful for any person to catch, kill 
or injure by means of a gun, snare, trap or poison 
any red fox, raccoon, mink or skunk between the first 
day of January and the first day of November fol- 
lowing; provided, however, that it shall be lawful for 
any person at any time or by any means to catch, kill 
or pursue, any red fox, raccoon, mink or skunk upon 
his own lands, or on any lands upon which he may 
be an actual bona fide tenant or resident, and also for 
the agent of the owner or tenant of such land, to 
so hunt and kill any red fox, raccoon, mink, or skunk 
thereon by the direction of such owner or tenant, 
but it shall be unlawful for any person at any time to 
set or maintain any snare or trap upon the improved 
or enclosed lands of another without the express per- 
mission of the owner or tenant of such land, or at 
any time to set or maintain any steel or spring bear 
trap upon any lands not his own. 

Any person violating any of the provisions of this 
section shall be guilty of a misdemeanor, and upon 
conviction thereof shall be fined not less than twenty- 
five nor more than fifty dollars for each offense, and 
in the discretion of the justice or court trying the 
case, be imprisoned in the county jail for a period 
not exceeding thirty days for each offense. And the 



Forest, Game and Pish Laws 29 

unlawful catching, killing or injuring of each and 
every wild game bird, or wild game animal herein- 
before mentioned in this section, shall be deemed a 
separate offense; and in default of the payment of the 
fine and costs, the person convicted shall be confined 
in the county jail for a period not exceeding thirty 
days, unless such fine and costs be sooner paid; pro- 
vided, hoiuever, that the forest, game and fish warden 
or deputy wardens, or other persons, under the direc- 
tion of the warden, may capture by any means any 
of the game birds or game animals to keep them alive 
for propagation purposes. And, provided, further, 
that the warden may give written permission to any 
responsible person, as provided by section thirty- 
eight of this chapter. (Acts 1915, regular session.) 

Sec. 23. Use of ferrets in catching rabbits — Pen- 
alty. 

It shall be unlawful for any person to have in his 
possession for the purpose of using, or to use a ferret 
for the purpose of catching rabbits or driving them 
from their burrows. Any person convicted of an 
offense under this section shall be fined not less than 
five nor more than twenty dollars for each offense. 
(As amended Acts 1897, c. 30. Code 1913, 3484.) 

NOTE: -^Section 26 of Chapter 14, Acts of 1915, 
numbered in this booklet as Section 22 repeals the 
above section in so far as the hunting of rabbits on 
one's own land, s or on land on which he is a bona 
fide tenant or resident, or on land for which he is 
the agent, is concerned, and gives such person the 
right to catch or kill rabbits in any way on such 



30 Forest, Game and Pish Laws 

lands at any time. Otherwise, the above section re- 
mains in full force and effect. 

Sec. 24. Protection of skunk — Penalty — Prosecu- 
tion — Powers of Justices — Presumption of guilt. 

It shall be unlawful for any person, at any time, 
to catch, kill or injure, or to pursue with intent to 
catch, kill or injure, the skunk or polecat, except in 
defense of property, in any county of this state; pro- 
vided, that before this act shall go into effect it shall 
be ratified by a majority of the voters in any county 
of the state which desires its adoption; and upon the 
petition of one hundred or more voters of a county 
to the county court thereof the said court shall sub- 
mit the question of its adoption therein to the voters 
of that county to be voted upon at a general election 
to be held therein, and shall cause to be printed upon 
the ballot used in such election the words. "For the 
skunk law," and "Against the skunk law," and if a 
majority of the votes cast be in favor of said law then 
the said court shnll declare the same to be the law of 
that county and enter the same of record. 

And in any county where this act has been adopted, 
as herein provided, and it is desired at any time 
thereafter to repeal the same, in such county, it may 
be dene in the same manner as is provided herein 
for the adoption of this act. 

Any person violating this section shall be guilty of 
a misdemeanor, and upon conviction thereof shall be 
fined not less than ten dollars, nor more than fifty 
dollars, and may, at the discretion of the court or 
justice trying the case, be confined in jail not more 
than thirty days. Any justice of the peace, for the 



Forest, Game and Fish Laws 31 

county in which the offense was committed, shall 
have concurrent jurisdiction of all offenses under 
this section. Any person found with any recently 
killed skunk or pole-cat skins in his possession shall 
be presumed to have killed the same. (As amended 
Acts 1903, c. 44. Code 1913, Sec. 3485.) 

NOTE: — Section 22 does not repeal the above sec- 
tion, and any county may provide a perpetual closed 
season on the skunk by a vote as is provided in the 
foregoing section. 

Sec. 25. Use of seine, net, bait, trap, etc., to catch 
certain birds. 

It shall be unlawful for any person at any time to 
catch, by seine, net, bait, trap or snare of any kind or 
device, any wild turkey, ruffed grouse or pheasant 
or quail. (Acts 1909, c. 60. Code 1913, Sec. 3487.) 

Sec. 26. Same — Punishment — Hunting, etc., on 
Sunday — Punishment. 

It shall be unlawful to hunt, catch, kill, or injure 
or pursue with intent to hunt, catch, kill or injure, 
any wild animals or birds, or fish, on the first day of 
the week, commonly known as Sunday. 

Any person violating any of the provisions of this 
section or section twenty-six hereof shall be deemed 
guilty of a misdemeanor and upon conviction thereof 
shall be fined not less than ten dollars nor more than 
twenty-five dollars, and in default of the payment 
of fine and costs, be committed to the county jail for 
a period of not more than thirty days, unless said 
fine and costs are sooner paid. (Acts 1909, c. 60. 
Code 1913, Sec. 3488.) 



32 Forest, Game and Fish Laws 

Sec. 27. Prosecution for violations of this chap- 
ter — To be in name of state — Jurisdiction — Fee for 
prosecuting attorney. 

All prosecutions under this chapter shall be in the 
name of the State of West Virginia, before any court 
or justice, having jurisdiction, and the justice shall 
have concurrent jurisdiction with the circuit and 
other courts in all misdemeanors, and in any case 
in which the prosecuting attorney appears, a fee of 
ten dollars shall be allowed him, to be taxed as a 
part of the costs of the case, and collected off the 
defendant, in case he is convicted. (Acts 1909, c. 60. 
Code 1913, Sec. 3489.) 

Sec. 28. Same- — Witnesses — Privilege and com- 
petency. 

Every person called as a witness in any case for 
the violation of any of the provisions of this chapter, 
shall be compelled to testify fully, but his testimony 
shall not be given in evidence against him in any 
prosecution for such offense; and no person against 
whom such witness shall so testify, shall be compe- 
tent as a witness for the state in the prosecution 
against such witness for the same offense or matters 
to which said witness so testified nor for any viola- 
tion of any provision of this chapter alleged to have 
been committed before the commencement of the 
prosecution in which he is examined as such witness. 
(Acts 1909, c. 60. Code 1913, Sec. 3490.) 

Sec. 29. Moneys collected — Disposition of. 

All moneys collected and due the state, under and 
by virtue of the provisions of this chapter, shall be 



Forest, Game and Fish Laws 33 

disposed of as follows: The net proceeds of all fines 
collected from convictions of the violation of any 
section of this chapter, shall, after the payment of 
the amounts fixed by this chapter to the proper 
deputy wardens and the costs as provided by law, be 
paid into and credited to the "school fund" of the 
state, as provided by the constitution; all other 
moneys due the state by virtue of any of the provi- 
sions of this chapter, as now amended, shall be paid 
into the state treasury and credited to the "forest, 
game and fish protective fund," and the same shall 
be applicable to the payment of the expense of inaug- 
urating, carrying out and maintaining any and all of 
the purposes of this act set forth in this chapter as 
now amended, and of any other law relating to the 
protection of forests or the protection and propaga- 
tion of game and fish, and shall be paid out upon 
the requisition of the forest, game and fish warden, 
approved by the governor, for which purposes said 
fund is hereby appropriated. (Acts 1915, regular 
session.) 

Sec. 30. Requisitions and extradition. 

In all cases where any person has been indicted 
for the violation of any of the provisions of this 
chapter, and has escaped or removed to another state, 
all costs of requisition and extradition papers and 
all other costs and expenses of securing and bringing 
such person back into this state, shall be charged as 
a part of the costs of prosecution against such per- 
son; and, if such costs of requisition and extradition 
papers and expenses cannot be secured from such 
person, they shall be paid out of the "forest, game and 



34 Forest, Game and Fish Laws 

fish protective fund." (Acts 1909, c. 60. Code 1913, 
Sec. 3492.) 

Sec. 31. Killing, catching, having in possession 
or selling or transporting certain birds — Selling or 
having in possession plumage, etc., of certain birds — 
Game birds defined. 

That no person shall within the state of West 
Virginia kill or catch or have in his or her possession, 
living or dead, any wild bird other than a game bird; 
or purchase, offer or expose for sale, transport for 
sale, transport or ship within or without the state, 
any such wild bird after it has been killed or caught, 
except as permitted by this chapter. No part of the 
plumage, skin or body of any bird protected by this 
section shall be sold or had in possession for sale, 
irrespective of whether said bird was captured or 
killed within or without the state. For the purpose 
of this chapter all the birds and species of birds 
named in section twenty-two of this chapter only 
shall be considered game birds. (Acts 1909, c. 60, 
Code 1913, Sec. 3493.) 

Sec. 32. Unlawful to take nests or eggs of wild 
birds — Exceptions. 

No person, except the game warden, or his depu- 
ties, by his direction, shall within the state of "West 
Virginia, wantonly take or destroy, or attempt to take 
or destroy, the nest or the eggs of any wild bird, 
except that of the English or European house spar- 
row, owl, hawk, e?gle, crow and the kingfisher, or 
have such nest or eggs in his possession. (Acts, 
1915, regular session.) 



Forest, Game and Fish Laws 35 

Sec. 33. Transportation of certain birds. 

No person or persons or any corporation acting as 
a common carrier, its officers, agents or servants, 
shall ship, carry, take or transport, either within or 
beyond the confines of the state, any resident or 
migratory wild non-game bird. (Acts 1909, c. 60. Code 
1913, Sec. 3495.) 

Sec. 34. Penalties for violations of sections 31, 32 
and 33. 

Any person violating sections thirty-one, thirty- 
two and thirty-three shall be guilty of a misdemeanor 
and upon conviction thereof shall be fined not less 
than ten dollars and may be confined in the county 
jail at the discretion of the court or justice for a 
period of not more than thirty days. (Acts 1909, o. 
60. Code 1913, Sec. 3496.) 

Sec. 35. Taking birds, nests, or eggs for scientific 
purposes. 

Sections thirty-two, thirty-three and;' thirty^four, 
of this chapter shall not apply to any person holding 
a certificate giving the right to take birds, their nests, 
or eggs, for scientific purposes only as provided for in 
section thirty-seven of this chapter. (Acts 1909, c. 
60. Code 1913, Sec. 3497.) 

Sec. 36. Same— Certificates to collect — To and by 
whom issued — Fee for — Taking birds, etc., for other 
than scientific purposes — Forfeiture of certificate 
and punishment. 

Certificate may be granted by the forest, game and 
fish warden to any properly accredited person of the 



36 Forest, Game and Fish Laws 

age of fifteen years or upwards, permitting the hold- 
er thereof to collect birds, their nests, or eggs for 
scientific purposes only; the applicant for same must 
present to said officer written testimonials from two 
well-known ornithologists who must be residents of 
West Virginia, certifying to the good character, and 
fitness of said applicant to be entrusted with such 
privilege; must pay said officer one dollar to defray 
the necessary expenses attending the granting of 
such certificate. On proof that the holder of such 
certificate has killed any bird or taken the nest of 
any bird for other than strictly scientific purposes, 
his certificate shall become void and he shall be liable 
to a fine not exceeding one hundred dollars or impris- 
onment not exceeding' thirty days, or both, at the 
discretion of the court. (Acts 1909, c. 60. Cjode 
1913, Sec. 3498.) 

Sec. 37. Same — Certificates to collect — Expiration 
— Transfer. 

The certificate authorized by section thirty-seven 
of this chapter shall expire on the thirty-first day of 
December of the year issued, and shall not be trans- 
ferable. (Acts 1909, c. 60. Code 1913, Sec. 3499.) 

Sec. 38. Birds not protected by chapter. 

The English or European house sparrow, owls, 
hawks, eagles, crows and king fishers are not in- 
cluded among the birds protected by this chapter. 
(Acts 1909, c. 60. Code 1913, Sec. 3500.) 

Sec. 39. Wild non-game birds as domestic pets. 

Nothing in this chapter shall prevent a citizen of 

West Virginia from taking or keeping any wild non- 



Forest, Game and Fish Laws 37 

game bird in a cage as a domestic pet; provided, 
that such bird shall not be sold or exchanged, or 
offered for sale or exchange, or transported out of 
this state. (Acts 1909, c. GO. Code 1913, Sec. 3501.) 

Sec. 40. Negligently shooting or killing human 
being or live stock while hunting — Punishment. 

Whoever, while engaged in hunting or pursuing 
wild game or game birds, negligently or carelessly 
shoots or wounds or kills any human being, or any 
live stock, shall be deemed guilty of a misdemeanor, 
and on conviction thereof, shall be fined not exceed- 
ing one thousand dollars, and in the discretion of the 
court trying the case, be confined in the county jail 
for a period of not exceeding one year. (Acts 1909, 
c. 60. Code 1913, Sec. 3502.) 

Sec. 41. No open season for certain birds — Kill- 
ing, etc. — Punishment. 

There shall be no open season on the following 
named game birds: Hungarian partridge, Reeve's 
pheasant, English pheasant, Lady Amherst's pheasant, 
Chinese pheasant, caporcailzie or any other foreign 
game birds introduced into this state by the wardens 
or any person or persons, or associations. It shall 
be unlawful for any person to catch, kill or injure 
any of the species of game birds mentioned in this 
section. Any person violating any provision of this 
section shall be deemed guilty of a misdemeanor, 
and upon conviction, shall be fined not less than 
twenty-five dollars nor more than fifty dollars, and, 
in the discretion of the court or justice trying the 
case be confined in the county jail for a period of not 
more than sixty days; and upon default of the pay- 
ment of fine and costs, he shall be confined in the 



38 Forest, Game and Fish Laws 

county jail not less than twenty days, unless said' 
fine and costs are sooner paid. Each bird shall con- 
stitute a separate offense. (Acts 1909, c. 60. Code 
1913, Sec. 3503.) 

Sec. 42. License to fish — Of whom required — 
How provided — How fish may be taken — Open sea- 
sons — Lawful length of various kinds of fish — Fish- 
ing in private ponds, etc. — Unlawful to let water out 
of ponds, etc. — Trespass notices — Penalties for vio- 
lation of section. 

It shall be unlawful for any person not a citizen 
of the United States of America or not a dona fide 
resident of this state, or any corporation doing busi- 
ness in this state, to catch or destroy any of the fish 
in the creeks or rivers of this state, or subject to the 
jurisdiction thereof, without first having obtained a 
license so to do, and then only by the means whereby 
and during the respective periods when it shall be 
lawful so to do. Such license shall be procured in 
the following manner, to-wit: The applicant shall 
go before the clerk of the county court of some county 
of this state and fill out a blank application, to be 
provided by the forest, game and fish warden, stating 
his name, age, occupation, weight, height, place of 
residence, and color of hair, eyes and complexion; 
said application shall be subscribed by the applicant 
in ink, and sworn to by the applicant before said clerk, 
and shall aver that his statements made therein are 
true and correct to the best of his knowledge and be- 
lief; the applicant shall thereupon pay to said county 
clerk the sum of five dollars as a license tax. The 
said clerk shall thereupon issue to such applicant a 



Forest, Game and Fish Laws 39 

license of the form to be furnished by the said war- 
den, entitling such applicant to catch and take fish, 
according to law, from any of the creeks or rivers in 
this state; provided, however, that such applicant 
may fill out said application and sign and swear to 
the same before some notary public or justice of the 
peace of the county wherein such application is made 
and send the same to said clerk, together with the 
amount of said license tax, and such clerk shall send 
him such license. Such license shall be signed by 
said clerk, and shall bear the seal of the county court 
of the county in which the same is issued and no fee 
shall be charged therefor by the said clerk. All such 
license taxes shall be paid by the said clerk to the 
state treasurer on the first day of each month for 
the month next preceding. No person to whom such 
license has been issued shall exercise the privilege 
thereby conferred without at the time having such 
•license in his actual possession, and he shall exhibit 
the same on demand to any officer of this state, or 
owner, tenant or lessee of any land upon which such 
person is fishing; provided, however, that nothing 
herein contained shall be construed to require the 
non-resident owner of any lands in this state, or his 
children, to obtain such license in order to lawfully 
fish upon such lands. 

It shall not be lawful for any person to catch or 
destroy any of the fish in the creeks or rivers in this 
state by any other means than hook and line, includ- 
ing a trot line having the hooks thereon not less than 
two feet apart. It shall not be lawful for any person 
to have in- his possession, or to set and maintain any- 
where in this state, or on any waters subject to* the 



40 Forest, Game akd Fish Laws 

jurisdiction thereof, any seines, trap or device where- 
by fish may be taken or caught. Nor shall it be 
lawful for any person to catch or have in his pos- 
session any jack salmon, commonly called jack fish, 
or any white salmon of less than seven inches in 
length, or any pike of less than eight inches in length, 
length, or any pike of less than ten inches in length, 
or any black bass of less than ten inches in length, 
caught out of season or caught in any manner pro- 
hibited by law. And all fish less than the length 
prescribed herein shall be returned to the water im- 
mediately with as little injury as possible. 

And the measurement of fish shall be from the end 
of nose to center fork of tail. It shall be unlawful to 
take or destroy any jack salmon (commonly called 
jack fish or white salmon) in any manner, between 
the first day of April and the first day of July of 
each year; or to catch or destroy any trout or land- 
lock salmon in any manner, between the first day of 
August and the first day of April following. It shall 
not be lawful for any person to catch any black bass, 
green bass, willow bass, rock bass, pike or pickerel, 
or wall-eyed pike (commonly known as salmon) be- 
tween the first day of April and the first day of July 
of each year. 

It shall be unlawful to catch fish of the sucker 
variety, known as suckers, carp, mullet and red 
horse, between the first day of April and the first day 
of July. 

It shall not, be lawful for any person to catch or 
destroy fish in any dam or pond the property of any 
person, except with the consent of the owner of such 
dam or pond, unless such dam or pond be in some 



Fokest, Game and Fish Laws 41 

of the rivers in this state. But nothing in this 
chapter shall be so construed as to prevent the 
catching of minnows or other small fish, except sal- 
mon, bass, shad and trout, by means of hand, or cast 
nets, to be used for angling or scientific purposes; 
nor to prevent the warden of the state or his deputies 
or any person with their or his consent from catch- 
ing any fish at any time with nets or seines for the 
purpose of propagation or stocking other waters, nor 
to prevent any person from taking in any way fish 
from his private dam, spring or pond at any time. 

Any person who shall knowingly and willfully let 
the water out of any pond mentioned herein, with the 
intent to take or injure fish therein, shall be guilty 
of a misdemeanor and shall be punished, upon con- 
viction, by imprisonment in the county jail, not less 
than one month nor more than six month, or by a 
fine of not less than fifty nor more than two hundred 
dollars, or by both fine and imprisonment. 

The owners or those in control of lands or right in 
land, in or bordering upon any pond designated in 
this act, shall have erected and maintained in a con- 
spicuous place along these ponds, when they are un- 
enclosed, a sign at least a foot square and which 
shall have thereon the name of the party in control 
and the words, "Trespassers warned off under penal- 
ties of the law." Any person who shall willfully and 
wrongfully tear down, deface or injure the boards 
provided for in this section, shall be guilty of a 
misdemeanor and liable to a penalty as hereinafter 
provided. 

Any person violating any provision of this section^ 
except as otherwise herein provided, shall be guilty 



42 Forest, Game and Fish Laws 

of a misdemeanor, and for every conviction thereof 
shall be fined not less than ten dollars nor more 
than one hundred dollars, and may, at the discretion 
of the court or justice trying the case, be confined in 
the county jail not exceeding thirty days. (Acts 1915, 
regular session.) 

Sec. 43. Nets, traps, etc. — Lawful to destroy — All 
dams, etc., to be provided with fishways — Time al- 
lowed for completion of same — Penalties for viola- 
tion of section. 

It shall be lawful for any person at any time to 
remove or destroy any nets, traps or other devices 
placed in any creeks, runs or rivers within this state, 
and the person or persons claiming ownership or 
possession of such nets, seines or other devices shall 
have no recourse at law against the party destroying 
the same. 

Any person violating any of the above provisions of 
this section shall be guilty of a misdemeanor and up- 
on conviction thereof shall pay a fine of not less than 
ten dollars nor more than fifty dollars or be confined 
in the jail not exceeding thirty days. 

And no person, firm or corporation shall build, 
erect, keep or maintain any dam or anything in any 
river, creek or water course in this state, which shall 
in any way or manner prevent or obstruct the free 
and easy passage of fish up or down such river, creek 
or other water course, without placing, building and 
maintaining on such dam or other thing, a good and 
sufficient ladder or way, so planned or built as to 
allow all fish to easily ascend or descend the same; 
and said ladder or way shall be constructed upon 



Forest, Game and Fish Laws 43 

plans and in a manner and at a place satisfactory 
to the forest, game and fish warden of the state of 
West Virginia. Any person, firm or corporation 
violating this provision shall be guilty of a misde- 
meanor and upon conviction thereof shall be fined 
not less than ten dollars nor more than fifty dollars; 
and each week shall constitute a separate offense; 
provided, that any person, firm or corporation now 
maintaining or keeping any such dam or other thing, 
shall be allowed six months from the time this act 
shall take effect in which to comply therewith. 

And it shall be the special duty of said forest, game 
and fish warden, upon the information of the violat- 
ing of this provision, to immediately investigate the 
same, and cause this provision to be fully carried out. 
(Acts 1915, regular session.) 

NOTE: — The above section became effective May 
27, 1915, and all persons owning dams, etc., are there- 
fore allowed until the 27th day of November, 1915, 
to complete fishways on same. 

Sec. 44. Depositing matter in streams deleterious 
to propagation of fish — Coal mine drainage — State 
Board of Health to have authority to investigate — 
Written consent of Forest, Game and Fish Warden 
required before any prosecutions are instituted — Pen- 
alties — Repeal. 

It shall be unlawful for any person, firm or corpora- 
tion to throw, discharge or cause to enter into any 
stream, water-course or water in this state, saw-dust 
or other matter deleterious to the propagation of 
fish. It shall be lawful, however, to drain or cause to 
be drained from any mine in the state by the owner 



44 Forest, Game and Fish Laws 

or operator thereof the water that naturally collects 
in such mine and the water from any coal washery, 
and to discharge the same into any stream, water- 
course or water in the state; provided, however, that 
any mine from which the water is so discharged or 
drained shall be kept in a sanitary condition and the 
water draining or flowing from such mine, and from 
such washery, shall, while in the mine and on the 
premises of the mine owner or operator, be kept free 
from pollution by human or animal excrement or 
substance deleterious to health. And the state board 
of health, its agents, employees and servants shall 
at all seasonable times have authority to enter upon 
the premises and into any such mine in order to see 
that the same is kept in a sanitary condition and that 
the waters draining therefrom are free from the 
objectionable substance named herein; with the right 
to the state board of health to prevent any mine own- 
er or mine operator who fails to comply with the 
provisions of this act from draining or discharging 
the water or waters from his or its mine into any 
stream., water or water course in the state; provided, 
further, that any mine owner or operator having one 
suitable, convenient and sufficient outlet for the water 
from his or its mine into one stream shall not cause 
the same to be drained into any other stream. 

Any person, firm or corporation violating any of the 
provisions of this section shall be guilty of a misde- 
meanor and fined not less than twenty-five dollars nor 
more than one hundred dollars for each and every 
such offense; provided that no prosecution to enforce 
this section shall be instituted or conducted without 
the consent and approval of the forest, game and fish 



Forest, Game and Fish Laws 45 



warden, such consent to be evidenced in writing and 
filed and entered of record in the court or before the 
justice and in his docket, in which or before whom 
the prosecution is begun or pending. 

All acts or parts of acts inconsistent or in conflict 
with this act are hereby repealed. (Acts 1915, sec- 
ond extraordinary session.) 

Sec. 45. Employment of persons to unlawfully 
take, etc., game, birds, or fish — Serving game, birds, 
etc., at hotels, etc. — Punishment. 

It shall be unlawful for any person, firm or corpora- 
tion to employ or hire in any way directly or indirect- 
ly or by the use of money or other thing of value, 
to induce or persuade any other person, firm or cor- 
poration to kill, catch or deliver to such first named 
or any other person, firm or corporation, any deer, 
wild turkey, quail, pheasant or ruffed grouse, or any 
other wild game or wild birds, or trout, bass, salmon 
or any other game fish, the sale of which game or 
fish is prohibited by this chapter, and the serving of 
any such birds, game or fish killed or caught in this 
state by any hotel, restaurant or other licensed place 
where meals are furnished for pay, shall be deemed 
a. sale of such birds, game or fish. 

And it shall be unlawful for any person, firm or 
corporation to kill, catch or deliver for money or 
other thing of value, either directly or indirectly any 
such game, birds or fish. 

Any person, firm or corporation violating this sec- 
tion shall be guilty of a misdemeanor and upon con- 
viction thereof shall be fined not less than ten nor 
more than fifty dollars and may be confined in the 



46 Forest, Game and Pish Laws 

county jail at the discretion of the court or justice 
for a period of not exceeding thirty days, and each 
animal, bird or fish so served, killed, caught or deliv- 
ered shall constitute a separate offense. (Acts 1909, 
c. 60. Code 1913, Sec. 3510.) 

Sec. 46. Use of explosives, drugs, or electricity 
to take fish — Prima facie evidence — Punishment. 

It shall be unlawful for any person to kill or at- 
tempt to kill any fish by use of dynamite or any other 
explosive mixture, or by the use of poisonous drug 
substance, bait or food, or by the use of electricity, 
lime or other thing of like nature. And the placing 
of any such article in any stream, pond or lake, 
shall be deemed and taken to be prima facie proof 
of intention to violate this section. 

Any person violating this section shall be guilty 
of a felony, and upon conviction thereof shall be con- 
fined in the penitentiary for a period not less than 
six months nor more than two years, and may at the 
discretion of the court be fined not less than fifty nor 
more than two hundred dollars. (Acts 1909, c. 60. 
Code 1913, sec. 3511.) 

Sec. 47. Sale or gift of explosives, etc., to take 
fish — Punishment. 

It shall be unlawful for any person, firm or corpora- 
tion to sell, give or furnish, directly or indirectly any 
dynamite or any other explosive or killing mixture 
or any poisonous drug, bait or food to any person, 
when such person, firm or corporation knows or has 
reason to believe that such dynamite or other explos- 
ive or killing mixture or poisonous drug, bait or food 



Forest, Game and Fish Laws 47 

are intended to be used for the purpose of killing 
fish. Any person, firm or corporation violating this 
section shall be guilty of a misdemeanor and upon 
conviction thereof, shall for each ofnense, be fined not 
less than twenty-five nor more than one hun- 
dred dollars, and may at the discretion of the 
court be confined in the county jail not exceeding 
thirty days. (Acts 1909, c. 60. Code 1913, sec. 3512.) 

Sec. 48. Shooting, hunting, fishing, fowling, camp- 
ing, peeling trees, cutting timber, building fires, etc., 
on enclosed or improved lands of another without 
permission — Punishment — Arrest of violators. 

It shall be unlawful for any person to shoot, hunt, 
fish or fowl upon the enclosed or improved lands of 
another person, or to camp, peel trees, cut trees or 
timber, build fires or do any other act or thing there- 
in in connection with or auxiliary to shooting, hunt- 
ing, fishing or fowling on the lands of another person 
without permission in writing from the owner, lessee 
or other person entitled to the possession of such 
lands, or the tenant or agents of such owner, lessee or 
person entitled to the possession thereof, duly author- 
ized to give such written permission, and every per- 
son hunting, fishing, shooting or fowling upon such 
lands shall have such written permission with him 
when so doing. 

Any person violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less than 
ten dollars nor more than fifty dollars, and may in 
the discretion of the court or justice, be confined in 
the county jail not more than thirty days; and if any 



48 Forest, Game and Fish Laws 

person be convicted a third time of such offiense, he 
shall be confined in the county jail for a period of 
not less than three nor more than thirty days in addi- 
tion to any fine imposed, and in all cases he shall be 
confined in the county jail until the fine and costs are 
paid; provided, that such time shall not exceed thirty 
days. It shall be lawful for the owner, lessee, or the 
person entitled to the possession of such lands or the 
agent thereof to arrest any such person found vio- 
lating this section and immediately take him before 
a justice of the peace for trial, and such owner, 
lessee, person or agent, are hereby vested with all the 
powers and rights of a deputy game warden for such 
purpose; and it is hereby made the duty of the war- 
den and all deputies" -to see that this section is en- 
forced; if requested so to do by such owner, lessee, 
person or agent but not otherwise. (As amended Acts 
1-911, c. 47. Code 1913, Sec. 3513.) 

Sec. 49. Shooting across public road, or near 
schoolhouse, or on lands of another appurtenant to 
or near occupied dwelling — Punishment. 

It shall be unlawful for any person to shoot or 
discharge any fire arms in or across any public road 
in this state at any time or within four hundred feet 
of any school house, or shoot or discharge any fire- 
arms on the lands of another, on any lawn or orchard 
or on any pleasure ground or other ground which is 
directly appurtenant to or within six hundred feet 
of any occupied dwelling house. Any person violat- 
ing this section shall be guilty of a misdemeanor and 
upon conviction thereof shall be fined not less than 
ten dollars nor more than fifty dollars, or at the 



forest, Game and Fish Laws 49 

discretion of the court or justice, imprisoned not more 
thirty days. (Acts 1909, c. 60. Code 1913, Sec. 3514.) 

Sec. 50. Bounties paid for certain birds and ani- 
mals — How procured— False statements to secure 
bounty — Punishment. 

From and after the time this act shall take effect 
a reward or bounty shall be paid out of the "forest, 
game and fish protective fund" created by this act, for 
the killing within this state only of the following 
animals and predatory birds, to-wit: for each wild cat, 
bob-cat or catamount, the sum of five dollars; for 
each hawk, except the sparrow or mouse hawk, the 
sum of twenty-five cents; and for each great 
horned owl, the sum of twenty-five cents; 
and for each crow, the sum of ten cents; 
the payment of such reward or bounty may be 
obtained by the person killing any such bird 
in the following manner and not otherwise; he shall 
produce such killed animal or bird within thirty 
days from the killing thereof before a justice of the 
peace of the county in which such animal or bird 
was killed, and make an affidavit before such justice 
that he killed the same, stating clearly the time and 
place of such killing and that such place was within 
the state of West Virginia. Upon the production of 
such animal or bird, and the making of such affidavit, 
the said justice shall, in the presence of the party 
making such affidavit and at least one reputable wit- 
ness residing in said county, cut off the head of such 
animal or bird and destroy the same by burning; and 
he shall not charge any fee for any service required 
of him hereby. Upon the destruction of such 



50 Forest, Game and Fish Laws 

head said justice shall endorse upon the said affi- 
davit and sign a certificate of such fact, and deliver 
said affidavit to the affiant, who shall present or mail 
the same to the forest, fish and game warden, and he 
shall thereupon deliver or mail to said affiant a check 
for the amount of the said bounty or reward, and 
charge the same against the fund out of which said 
bounty or reward is hereby made payable; provided, 
however, that not more than ten per cent, of the 
amount derived from the license taxes collected in 
any one calender year under the provisions of this 
act shall be applicable to the payment of such boun- 
ties or rewards claimed during the succeeding calen- 
der year, and in the event the amount of such boun- 
ties or rewards so claimed in any calendar year 
should equal in the aggregate such ten per centum of 
such license taxes, the game warden shall immediately 
thereupon give notice of such fact in two papers 
representing two different political parties published 
at the seat of government, and thereafter no further 
bounties or rewards for any such birds killed during 
such calendar year shall be paid; and all claims for 
bounties or rewards made as aforesaid shall be paid 
in the order in which they are received by the forest, 
game and fish warden. 

Any person who shall make any false statement in 
such affidavit, or who shall claim such reward or 
bounty for any such bird not killed within the state 
of West Virginia, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be fined not 
less than twenty-five nor more than one hundred dol- 
lars, and at the discretion of the court or justice 
trying the case may be confined in the county jail not 



Forest, Game and Fish Laws 51 

exceeding thirty days, and any justice falsely making 
any such, certificate, as hereinbefore required, shall 
be deemed guilt of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than fifty nor more 
than two hundred dollars, and at the discretion of the 
court trying the case may be confined in the county 
jail not exceeding sixty days. (Acts 1915, regular 
session.) 

Sec. 51. Game refuges — Unlawful to hunt on same 
— Penalty. 

From and after the time that this act takes effect 
there shall be a perpetual closed season for game of 
all kinds, and wild birds found upon such tracts of 
land in this state as may be set apart by the forest, 
game and fish warden ss sanctuaries or refuges for 
game of all kinds, and wild birds, under the pro- 
visions of this act; provided, the said tracts of land, 
if wild or unimproved land, shall be surrounded by 
a well defined fire line or cleared strip of land, and 
by at least one wire extending around the boundary 
thereof, and whether it be such wild land, or im- 
proved or cultivated land, the same shall be surround- 
ed with notices, reading: "State Game Refuge. 
Hunting is Unlawful," posted on said boundary at 
conspicuous places; and provided, further, that the 
combined area of such tracts of land in any one coun- 
ty shall not exceed ten thousand acres; and for the 
purpose of creating such state game sanctuaries or 
refuges, the forest, game and fish warden is author- 
ized to secure supervisory control of any tracts of 
land which he may deem suitable for such purpose, 
and to prohibit all hunting thereon, and provide 



52 Forest, Game and Fish Laws 

for the placing of game and wild birds thereon, 
for the purpose of breeding and propagating the 
same, and protecting them from injury or moles- 
tation from any person, or predatory animal or bird. 
Any person who shall by any means hunt, kill, injure, 
disturb or molest any game or wild birds found upon 
such tract of land otherwise than by the direction of 
the forest, fish and game warden for the purpose of 
destroying such predatory animal or bird as is not 
protected by this chapter, shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be 
fined not less than twenty-five nor more than one 
hundred dollars, and at the discretion of the court 
or justice trying the case may be imprisoned in the 
county jail not exceeding thirty days. (Acts 1915, 
regular session.) 

Sec. 52. Forest, Game and Fish Warden to be ex- 
officio fire Warden — Forester — Duties — Special Dep- 
uties and Inspectors — Special Deputy Fire Wardens 
— Powers and duties. 

The forest, game and fish wardens shall be ex-offlcio 
fire wardens of the state of West Virginia, and shall 
appoint some suitable person of sufficient education, 
training and practical experience in forestry, as state 
forester, who shall work under the direction of the 
forest, game and fish warden, and assist him in 
formulating the best methods of reforesting cut over 
and denuded lands, preventing the destruction of 
forests by fire, administering the forests on forestry 
principles, instruction and encouraging private own- 
ers in preserving and growing timber for commercial 
and manufacturing purposes, establishing, equipping 



Forest, Game and Fish Laws 53 

and maintaining patrol routes and lookout stations, 
and securing the aid and co-operation of individuals, 
companies, organizations and the federal government. 

Before entering upon the discharge of his duties, 
the said state forester shall execute a bond in the 
penalty of three thousand five hundred dollars, with 
surety therein, to be approved by the forest, game and 
fish warden, and conditioned for the faithful perfor- 
mance of his duties, and to account for and pay over 
all moneys coming into his hands due and belonging 
to the state, and also conditioned according to the 
requirements of the present law,* with reference to 
the carrying of revolvers, which said bond, after hav- 
ing been approved by the warden, shall be deposited 
with the auditor. 

All deputy forest, game and fish wardens shall also 
be deputy fire wardens for their respective counties 
in which they may reside, and shall have jurisdiction 
in the adjoining counties thereto in case of emergency 
or where their services may be required. 

The forest, game and fish warden may also appoint 
such special deputies and inspectors as is necessary 
to meet the conditions and requirements of the fed- 
eral government in securing federal co-operation un- 
der the provisions of the Weeks' law, and may ap- 
point special deputy fire wardens for each county, 
whose duty it shall be to assist in preventing and con- 
trolling forest fires, who shall be vested with the same 
authority with regard to such fires and be paid in the 
same manner as is provided for the deputy forest, 
game and fish wardens. 

In case of fire in or threatening to forest or wood- 
lands, the deputy fire wardens, shall upon receiving 



Forest, Game and Fish Laws 



notice thereof, forthwith attend and use all necessary 
means to confine and extinguish the same. He may 
destroy fences, plough land, or, in an emergency, set 
back fires to check fire. He may hire volunteers or 
summon any resident of his county to assist in putt- 
ing out fires. Any person summoned, who is physi- 
cally able, and refuses to assist, shall be guilty of 
a misdemeanor, and upon conviction thereof, be fined 
not less than ten, nor more than fifty dollars, and in 
the discretion of the court or justice trying the case, 
be confined in the county jail for a period of not more 
than sixty days; and upon the default of the payment 
of fine and costs, he shall be confined in the county 
jail for not less than twenty, nor more than thirty 
days, unless said fine and costs are sooner paid. 

An action of trespass shall not lie against persons 
crossing or working upon lands of another to extin- 
guish *fire. (Acts 1915, regular session.) 

Sec. 53. Deputy wardens compensation at forest 
fires — To be charge against county — Forest, Game 
and Fish Warden to audit report of forest fires — 
Submittment to county court for payment — Penalty 
for false report as to forest fires. 

Deputy wardens shall receive the sum of two dol- 
lars per day for the time actually employed at forest 
fires, and all persons employed or summoned by them, 
not to exceed the sum of one dollar and fifty cents 
per day for their services. All services so rendered 
shall be a charge against the county, and each dep- 
uty warden shall within twenty days after such fire 
render to the forest, game and fish warden a sworn 
report, in duplicate, giving the location and area 



Forest, Game and Fish Laws 



burned over, the quantity of timber, wood, logs, bark 
or other forest product, and of fences, bridges and 
buildings destroyed, with an estimate of the value 
thereof, the time used by him, the names and post- 
office address of all persons hired or summoned by 
him, who assisted him thereat, together with the time 
each worked. 

Any deputy warden who shall make any false state- 
ment in his said report, hereinbefore required to be 
made to the forest, game and fish warden, as to the 
time used by him, the names of the persons so hired 
or summoned by him, and who assisted him in fight- 
ing such fire, or as to the time of any such person 
working thereat, shall be guilty of a misdemeanor, 
and upon conviction thereof, be fined not less than 
twenty-five nor more than one hundred dollars, and 
for such cause shall be removed from office by the 
said forest, game and fish warden. 

It shall be the duty of the forest, game and fish 
warden to carefully audit such report, and after 
having satisfied himself of the correctness of same, 
he shall approve said report and certify same to the 
county court of the county wherein the fire occurred 
for payment, which amounts shall be paid to the 
parties entitled thereto out of the county funds, at the 
first session of said court thereafter. (Acts 1915, 
regular session.) 

Sec. 54. Negligent building or use of, or failure 
to extinguish fire— Punishment — Notice to adjoining 
land owners of intention to burn brush, etc. 

Whoever by himself, or by his servants, agents or 
guide, or as the servant, agent or guide of any other 



56 Forest, Game and Fish Laws 

person, shall build any fire, or use an abandoned fire 
in a field, public or private road, or adjacent to, or 
in any woods or forest in this state, shall, before 
leaving such fire, totally extinguish the same, and 
upon failure to do so, if failure to do so shall cause 
damage to any property within, such person or per- 
sons, shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be fined not less than twenty- 
five dollars nor more than one hundred dollars 
and the costs of the prosecution, and upon 
default in paying said fine and costs, shall 
be confined in the county jail not more than 
ninety days unless said fine and costs be sooner 
paid. If any person, or per sods, negligently 
set on fire, any woods, fields or lands withiu this 
state, so as thereby to occasion loss, damage or in- 
jury to any other person, he shall be guilty of a mis- 
demeanor, and on conviction thereof, shall be fined 
not less than fifty dollars nor more than five hundred 
dollars, and in the discretion of the justice or court 
trying the case, be imprisoned in the county jail not 
to exceed one year. If any person unlawfully and 
maliciously set fire to any woods, fence, grass, straw 
or other inflammable material which may spread 
fire on lands, he shall be guilty of a felony, and on 
conviction thereof shall be confined in the peniten- 
tiary not less than one year nor more than two years, 
and shall moreover be liable to any person injured 
thereby, or in consequence thereof, for double the 
amount of damages sustained by such person. 

It shall be unlawful for any person or corporation 
as land owner to set, or procure another to set fire 



Forest, Game and Fish Laws 57 

to any woods, brush, logs, leaves, grass or clearing 
upon their own land, unless they shall have previous- 
ly given notice of their intention of firing such lands, 
to adjoining land owners and take all possible care 
and precaution against the spread of such fire to other 
lands not their own, by previously having cut and 
piled the same, or carefully cleared around the land 
which is to be burned, so as to prevent the spread of 
such fire. The setting of fire contrary to t^e pro- 
visions of this section, or allowing it to escape to 
the injury of adjoining lands, shall be prjma facie 
proof of willfulness, or neglect, and che l^nd owner 
from whose land the fire originated shall be liable 
in a civil action for damages for the inju/y resulting 
from such fire and also for the cost of /ighting and 
extinguishing the same. (^ts 1915, regular ses- 
sion.) 

Sec. 55. Removal of ^flammable material from 
railroad rights of way--Spark extinguishers on en- 
gines — Prevention of escape of fire from engine ash 
pans and furnaces — punishment for \|iolation of sec- 
tion. 

Every railroad company shall, on such part of 
its road as passes through forest land lor lands sub- 
ject to fires from any cause, cut and remove from its 
right of way al*ng such lands, at least twice a year, 
all grass, bri^h and other inflammable materials, 
and employ fr seasons of drought and bWore vegeta- 
tion has revved in the spring, sufficient Irackmen to 
promptly pit out fires on its right of way\ and every 
person, fir-n or corporation operating anyllocomotive 
steam em'ine in this state shall provide thelsame with 



58 Forest, Game and Pish Laws 

netting of steel or iron wire so constructed and at 
all such times maintained as to prevent the escape 
of fire and sparks from the smoke stacks thereof, 
and with adequate devices to prevent the escape of 
fire from ash pans and furnaces which shall be used 
on sich locomotives. 

No railroad company or employee thereof shall 
deposh fire coals or ashes on its track or right of 
way neir such lands. In case of fire on its own or 
neighboiing lands, the railroad company shall use 
all practicable means to put it out. Engineers, con- 
ductors 01 trainmen discovering or knowing of fires 
in fences or othei material along or near the right 
of way of the railroad in such lands shall report the 
same at the first station to the station agent, and 
such station agent shah forthwith notify the nearest 
fire warden and use all necessary means to extinguish 
the same. Ana any railroad company or officer, or 
employee thereof, and any oerson, firm or corpora- 
tion operating any such locomotive steam engine 
who shall viola.e any provision! of this section, shall 
each be guilty of a misdemeanor, and upon convic- 
tion thereof, siall be fined a sum i t less than twenty 
nor more thin two hundred dolars. (Acts 1915, 
regular session.) 

Sec. 56. Forest fires — Recovery 01 expense of ex- 
tinguishmeiV — Recovery of damages. 

The fores', game and fish warden in the name of 
the county in which any forest fire nVs occurred, 
and which ras been extinguished or suppressed by his 
efforts, shtll recover from the person oi persons, 
firm or c<rporation, giving origin to such\fire, the 



Forest, Game and Fish Laws 59 

amount so expended in extinguishing said fire and 
the costs thereof, and the same shall not bar the 
rights of damage between the parties thereto. (Acts 
1915, regular session.) 

Sec. 57. State Forest reserves. 

The forest, game and fish warden, by and with the 
consent of the governor, shall have the power to 
purchase lands in the name of the state, suitable for 
forest culture and reserves, at a price which shall 
not exceed five dollars per acre, using for such pur- 
chase any surplus money not otherwise appropriated 
which may be standing to the credit of the forest, 
game and fish protective fund; and to make all rules 
and regulations governing state reserves; and is 
hereby authorized, by and with the consent of the 
governor, to accept gifts of land to the state, the 
same to be held, protected and administered by the 
forest, game and fish warden as state forest reserves, 
and to be used so as to demonstrate the practical 
utility of timber culture and as a breeding place for 
game. Such gifts must be absolute, except for the 
reservation of all mineral and mining rights over and 
under said lands, and a stipulation that they shall 
be administered as state forest reserves, and the 
attorney general of the state is directed to see that 
all deeds to the state of lands mentioned above are 
properly executed before the gift is accepted. (Acts 
1915, regular session.) 

Sec. 58. Maliciously setting fire to woods, fences, 
etc. — Punishment — Liability for damages. 

If any person unlawfully and maliciously set fire to 



60 Forest, Game and Fish Laws 

any woods, fence, grass, straw or other thing capable 
of spreading fire on lands, he shall be fined not ex- 
ceeding one hundred dollars, and confined in jail 
not less than two nor more than twelve months, and 
shall moreover be liable to any person injured there- 
by, or in consequence thereof, for double the amount 
of damages sustained by such person. (Acts 1882, c. 
148. Code 1913, Sec. 5199.) 

Sec. 59. Unlawfully setting fire to woods, fences, 
etc. — Punishment — Liability for damages. 

If any of the acts mentioned in the next preceding 
section be done unlawfully but not wilfully or mal- 
iciously, the person guilty thereof shall be fined 
not exceeding fifty dollars, and shall moreover be 
liable to any person injured thereby, or in conse- 
quence thereof, for all such damages as may be sus- 
tained by such person. (Acts 1882, c. 148. Code 
1913, Sec. 5200.). 



APPENDIX 



Lacey Bird Law. (Federal.) 

Weeks-McLean Law. (Federal.) 

Open Seasons under Weeks-McLean Law. (Fed- 
eral.) 

General Information on Forest, Game and Fish 
Laws. 



APPENDIX 



FEDERAL LAW 

(Lacey Act.) 

(Prom the Criminal Code of the United States.) 

Sec. 241. The importation into the United States, 
or any Territory or District thereof, of the mon- 
goose, the so-called "flying foxes" or fruit bats, the 
English sparrow, the starling, and such other birds 
and animals as the Secretary of Agriculture may 
from time to time declare to be injurious to the in- 
terests of agriculture or horticulture, is hereby pro- 
hibited; and all such birds and animals shall upon 
arrival at any port of the United States be destroyed 
or returned at the expense of the owner. No person 
shall import into the United States or into any Ter- 
ritory or District thereof, any foreign wild animal 
or bird, except under special permit from the Secre- 
tary of Agriculture; Provided, That nothing in this 
section shall restrict the importation of natural his- 
tory specimens for museums or scientific collections, 
or of certain cage birds, such as domesticated cana- 
ries, parrots, or such other birds as the Secretary of 
Agriculture may designate. The Secretary of the 
Treasury is hereby authorized to make regulations 
for carrying into effect the provisions of this section. 



64 Forest, Game and Fish Laws 

Sec. 242. It shall be unlawful for any person to 
deliver to any common carrier for transportation, or 
for any common carrier to transport from any State, 
Territory or District of the United States, to any other 
State, Territory, or District thereof any foreign ani- 
mals or birds, the importation of which is prohibit- 
ed, or the dead bodies or parts thereof of any wild 
animals or birds, where such animals or birds have 
been killed or shipped in violation of the laws of the 
State, Territory, or District in which the same were 
killed, or from which they were shipped; Provided, 
That nothing herein shall prevent the transportation 
of any dead birds or animals killed during the sea- 
son when the same may be lawful captured, and the 
export of which is not prohibited by law in the State, 
Territory, or District in which the same are captured 
or killed: Provided further, That nothing herein shall 
prevent the importation, transportation, or sale of 
birds or bird plumage manufactured from the feath- 
ers of barnyard fowls. 

Sec. 243. All packages containing the dead bodies, 
or the plumage or parts thereof, of game animals, or 
game or other wild birds-, when shipped in interstate 
or foreign commerce, shall be plainly and clearly 
marked, so that the name and address of the shipper, 
and the nature of the contents, may be readily ascer- 
tained on an inspection of the outside of such pack- 
age. 

Sec. 244. For each evasion or violation of any 
provision of the three sections last preceding, the 
shipper shall be fined not more than two hundred 
dollars; the consignee knowingly receiving such 
articles so shipped and transported in violation of 



Foeest, Game and Fish Laws 65 

said sections shall be fined not more than two hun- 
dred dollars, and the carrier knowingly carrying or 
transporting the same in violation of said sections 
shall be fined not more than two hundred dollars. 

Federal Law for the Protection of Migra- 
tory Birds 

(Weeks-McLean Law.) 

(Extract from an Act making appropriations for 
the Department of Agriculture for the fiscal year end- 
ing June thirtieth, nineteen hundred and fourteen.) 

Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, All wild geese, wild swans, brant, 
wild ducks, snipe, plover, woodcock, rail, wild pigeons, 
and all other migratory game and insectivorous birds 
which in their northern and southern migrations pass 
through or do not remain permanently the entire 
year within the borders of any State or Territory, 
shall hereafter be deemed to be within the custody 
and protection of the Government of the United 
States, and shall not be destroyed or taken contrary 
to regulations hereinafter provided therefor. 

The Department of Agriculture is hereby authoriz- 
ed and directed to adopt suitable regulations to give 
effect to the previous paragraph by prescribing and 
fixing closed seasons, having due regard to the zones 
of tempature, breeding habits, and times and line of 
migratory flight, thereby enabling the department to 
select and designate suitable districts for different 
portions of the country, and it shall be unlawful to 



66 Forest, Game and Fish Laws 

shoot or by any device kill or seize and capture 
migratory birds within the protection of this law 
during said closed seasons and any person who shall 
violate any of the provisions or regulations of this 
law for the protection of migratory birds shall be 
guilty of a misdemeanor and shall be fined not more 
than $100 or imprisoned not more than ninety days, 
or both, in the discretion of the court. 

The Department of Agriculture, after the prepara- 
tion of said regulations, shall cause the same to be 
made public, and shall allow a period of three months 
in which said regulations may be examined and con- 
sidered before final adoption, permitting, when deem- 
ed proper, public hearings thereon, and after final 
adoption shall cause the same to be engrossed and 
submitted to the President of the 'United States for 
approval: Provided, however, That nothing herein 
contained shall be deemed to affect or interfere with 
the local laws of the States and Territories for the 
protection of nonmigratory game or other birds resi- 
dent and breeding within their borders, nor to pre- 
vent the States and Territories from enacting laws 
and regulations to promote and render efficient the 
regulations of the Department of Agriculture pro- 
vided under this statute. 

There is hereby appropriated, out of any moneys in 
the Treasury not otherwise appropriated for the pur- 
pose of carrying out these provisions, the sum of 
$10,000. 

Approved, March 4, 1913. 

Federal Protection of certain Migratory Birds in 
West Virginia as adopted by the U. S. Department of 
Agriculture under the Weeks-McLean Law. 



Forest, Game and Fish Laws 67 

OPEN SEASONS 

Effective October 1, 1914. 

Ducks and Geese. Oct. 1 to Jan. 16. 

Rails Sept 1 to Dec. 1. 

Woodcock Oct. 1 to Dec. 1. 

Black-breasted and Golden Plover, 

greater and lesser yellow legs Sept. 1 to Dec. 16. 

Jacksnipe or Wilson Snipe Oct. 15 to Dec. 16. 

Wood Duck, Closed season until Sept. 1, 1918. 
All hunting prohibited on Sunday. 
All hunting of migratory birds between sunset and 
sunrise prohibited. 



Synopsis of Game and Fish Laws 

You cannot hunt, fish or fowl upon the enclosed or 
improved lands of another, without permission in 
writing from the owner or his agent. 

The carrying of any uncased gun in the woods or 
fields of this State by any person not having the 
lawful right to hunt shall be prima facie evidence of 
a violation of the law. 

It is a violation to alter or change in any manner, 
or to borrow, loan, sell -or transfer any hunting or 
fishing license. 

It is unlawful to have in your possession, with the 
intention of transporting same or having same trans- 
ported beyond the limits of the State, any game ani- 
mals, (except rabbits) game fish or game birds. 



68 Forest, Game and. Fish Laws 

It is a felony to chase, pursue, kill or injure any 
Elk, or to chase any deer with dogs. 

It is unlawful to hunt, or fish on Sunday. 

There is no open season on the following game 
birds; Hungarian partridge, Reeve's pheasant, Eng- 
lish pheasant, Lady Amherst pheasant, Chinese pheas- 
ant, caporcailzie or any foreign game bird. 

The English sparrow, owls, hawks, eagles, crows 
and King fishers may be killed at any time. 

It is unlawful to catch or kill any wild non-game 
bird protected by the laws of this state, or to take 
or destroy the nests or eggs of any wild bird other 
than a game bird, or have same in your possession, 
except as provided by law. 

A fine of $1,000 and a jail sentence may be imposed 
upon you if you negligently or carelessly wound or 
kill any human being or live stock while hunting. 

You cannot sell or buy any game animals, game 
birds or game fish. 

You cannot shoot or discharge any fire arms in 'or 
across any public road, or within four hundred feet 
of any school house or on the lands of another, or 
any lawn or orchard or on any pleasure ground or 
other ground which is directly appurtenant to or 
within six hundred feet of an occupied dwelling 
house. 

It is unlawful to have in possession, set or main- 
tained anywhere in this state, or on any water 



Forest, Game and Fish Laws 69 

subject to the jurisdiction thereof, any seine, trap or 
device whereby fish may be taken or caught, or to 
catch any fish except by hook and line, or with trot 
line the hooks on which are at least two feet apart. 

It is unlawful at any time to set any snare or trap 
on the enclosed or improved lands of another, without 
the express permission of the owner or tenant of such 
land. It is unlawful at any time to set or maintain 
any steel or spring bear trap on the lands of another. 

You cannot at any time catch by seine, net, bait 
trap or snare, of any kind or device, any wild turkey, 
ruffed grouse, pheasant or quail. 

The rabbit, red fox, raccoon, mink and skunk may 
be killed by the property owner, his bona fide tenant 
or agent, on his own premises at any time in any 
way. 

You cannot kill more than 12 quail, 6 ruffed grouse, 
2 wild turkeys,„or 12 squirrels in a day, or more than 
96 quail, 25 ruffed grouse, 6 wild turkeys or one 
hundred squirrels in a season, or catch more than 
25 bass, or 25 trout in one day. 

You cannot hunt the various birds and animals, or 
catch any fish except during the respective open sea- 
sons which are as follows: 

Animals: 

Deer, (with horns over four inches long) October 
15 to December 1, Squirrel, (gray, black, red and fox) 
September 15 to December 1, Rabbit, (except as pro- 
vided above) October 15 to January 1. Red fox, rac- 



70 Forest, Game and Fish Laws 

coon, mink and skunk, (except as noted above) No- 
vember 1 to January 1. 

Birds: 

Quail, (Virginia Partridge) November 1 to Decem- 
ber 1. Pheasant, (Ruffed Grouse), Wild Turkey, Octo- 
ber 15 to December 1. Wild duck, goose or brant, 
October 1 to January 16. Woodcock, October 1 to 
December 1. Plover, ortolan or sandpiper, September 
1 to December 16. Rail, September 1 to December 1. 
Snipe, October 15 to December 16. 

Fish : 

Trout or land-lock salmon, April 1 to August 1. 
Suckers, carp, mullet, red horse and jack-salmon 
(commonly called jack-fish or white salmon), July 
1 to April 1, following. 




LIBRARY OF CONGRESS 



003 025 848 



ERRATA 




The following corrections are necessary to make this 
pamplet complete: 

Sec. 10, line 5, immediately after word "shipped" insert"or 
about to be shipped.'' 

Sec. 20, line 3, "twenty-two" should be "nineteen. 

Sec. 22, last two lines, "Thirty-eight should be "thirty- 
six." 

Sec. 24, fourth line from bottom, immediately afterword 
"section" insert "with the circuit court of the county." 

Sec. 26, line 6, "twenty-six" should be "twenty-five.' 

Sec. 31, lines 4 and 5, strike out "transport for sale.' 

Sec. 31, line 13, "twenty-two" should be "nineteen." 

Sec. 34, line four, immediately after word "ten" insert 
"nor more than fifty." . 

Sec. 35, line one should read "Sections thirty -one, thirty- 
two and thirty-three." ,«,,., . „ 

Sec. 35, line five, "thirty-seven" should read "thirty-six. 

Sec. 37, line 1, "thirty-seven" should be "thirty-six." 

Sec. 41, between lines 7 and 8 insert "or pursue with in- 
tent to catch, kill or injure." 

Sec 42, strike out lines 7 and 8 on page 40, and insert 
"or any black bass of less than eight inches in length, or 
any trcut less than six inches in length, or any fish. 

Sec. 45, line 2, after word "hire" insert word "or.' '. 

Sec 45 line 9, after second word game insert "birds. 

Page 69, fourth paragraph strike out words "or catch 
more than 25 bass, or 25 trout in one day." 



